Memorial Sloan-Kettering obtains dismissal on res judicata grounds in Bronx County

Client(s) Memorial Sloan-Kettering Cancer Center

On behalf of Memorial Sloan-Kettering Cancer Center, Jones Day obtained dismissal of a former employee's breach of contract action that was pending in New York Supreme Court, Bronx County. The former employee claimed, inter alia, that Memorial Sloan breached a purported employment agreement when it terminated his employment based on a complaint made about him by his former co-worker. The dismissal, on res judicata grounds, came after the former employee unsuccessfully pursued similar claims against his former co-worker in New York County. The New York County court dismissed the former employee's complaint for failure to state a claim and denied his subsequent attempt to vacate the dismissal. The Bronx County court concluded that the prior court's decision, denying vacatur of the dismissal, was a final determination on the merits and therefore entitled to preclusive effect. Accordingly, the former employee's complaint was dismissed in its entirety for a second time.

Robert Lewis v. Memorial Sloan-Kettering Cancer Center, New York Supreme Court, Bronx County, Index No. 28960/2020